Back to: Second Session of the Ad Hoc Committee
Documents of the Second Session
A/AC.265/2003/WP.1
Ad Hoc Committee on a Comprehensive and Integral
International Convention on Protection and Promotion of the Rights and
Dignity of Persons with Disabilities
New York, 16-27 June 2003
Comprehensive and Integral International Convention on the
Protection and Promotion of the Rights and Dignity of Persons with
Disabilities. Draft submitted by the Government of the Bolivarian
Republic of Venezuela
Letter dated 18 June 2003 from the Deputy Permanent
Representative of Venezuela to the United Nations addressed to the
Secretary of the Ad Hoc Committee on a Comprehensive and Integral
International Convention on the Protection and Promotion of the Rights
and Dignity of Persons with Disabilities
I have the honour to transmit herewith the draft
Comprehensive and Integral International Convention on the Protection
and Promotion of the Rights and Dignity of Persons with Disabilities,
which the Government of the Bolivarian Republic of Venezuela has
prepared as a contribution to the work of the Ad Hoc Committee on a
Comprehensive and Integral International Convention on the Protection
and Promotion of the Rights and Dignity of Persons with Disabilities
(see annex).
I should be grateful if you would have this
letter and its annex distributed as a document of the second session
of the Ad Hoc Committee.
(Signed) Adriana Pulido Santana
Ambassador
Chargé d'affaires a.i.
Annex to the letter dated 18 June 2003 from the Deputy Permanent
Representative of Venezuela to the United Nations addressed to the
Secretary of the Ad Hoc Committee on a Comprehensive and Integral
International Convention on the Protection and Promotion of the Rights and
Dignity of Persons with Disabilities
Draft submitted by the Government of the Bolivarian Republic of
Venezuela
Preamble
The States parties to this Convention,
- Considering that the Charter of the United Nations reaffirms the
worth of the person and is based on the principles of dignity and
equality inherent in human beings,
- Considering that the Universal Declaration of Human Rights proclaims
that all human beings are born free and equal in dignity and rights and
that everyone is entitled to all the rights and freedoms set forth
therein,
- Considering that all human beings have the right to protection
against all forms of discrimination based on status, race, age, sex or
disability,
- Considering that the States parties to the International Covenants
on human rights have the obligation to guarantee to all persons, without
distinction or discrimination, equity in the enjoyment of all civil,
political, economic, social and cultural rights,
- Recognizing the actions taken and guidelines issued by the various
bodies of the United Nations and by the General Assembly aimed at
promoting and protecting the quality of life of persons with disability,
as set forth in the resolutions, declarations, regulations and
recommendations adopted in order to promote the exercise of their rights
and promote equality of opportunity,
- Bearing in mind the International Labour Organization Vocational
Rehabilitation and Employment (Disabled Persons) Convention (No. 159);
the Declaration on the Rights of Mentally Retarded Persons (General
Assembly resolution 2856 (XXVI) of 20 December 1971); the Declaration on
the Rights of Disabled Persons (General Assembly resolution 3447 (XXX)
of 9 December 1975); the World Programme of Action concerning Disabled
Persons (General Assembly resolution 37/52 of 3 December 1982); the
Additional Protocol to the American Convention on Human Rights in the
Area of Economic, Social and Cultural Rights, "Protocol of San Salvador"
(1988); the Principles for the Protection of Persons with Mental Illness
and for the Improvement of Mental Health Care (General Assembly
resolution 46/119 of 17 December 1991); the Caracas Declaration of the
Pan-American Health Organization; the Organization of American States
(OAS) resolution on the situation of persons with disabilities in the
American Hemisphere (AG/RES.1249 (XXIII-0/93)); General Assembly
resolution 48/97 of 20 December 1993 on the International Day of
Disabled Persons; the Standard Rules on the Equalization of
Opportunities for Persons with Disabilities (General Assembly resolution
48/96 of 20 December 1993); the Managua Declaration of December 1993;
the Vienna Declaration and Programme of Action adopted by the World
Conference on Human Rights (A/CONF.157/23); the Copenhagen Declaration
and Programme of Action of the World Summit for Social Development,
adopted in March 1995; the OAS resolution on the situation of persons
with disabilities in the American hemisphere (AG/RES.1356 (XXV-0/95));
the Panama Commitment to Persons with Disabilities in the American
Hemisphere (AG/RES.1369/XXVI-0/96); the Inter-American Convention on the
Elimination of All Forms of Discrimination against Persons with
Disabilities (Convention No. A-65 of 1999); the Declaration on the Human
Rights of Persons with Disabilities, adopted by the General Assembly of
the United Nations on 2 August 2001; Commission on Human Rights
resolution 2002/61 on the human rights of persons with disabilities; and
General Assembly resolution 56/115 of 19 December 2001 on the
implementation of the World Programme of Action concerning Disabled
Persons: towards a society for all in the twenty-first century,
- Recognizing the progress made through the adoption of the World
Programme of Action for Disabled Persons and the proclamation of the
United Nations Decade for Persons with Disabilities, 1983-1992,
- Considering the recommendations of the Committee on Economic, Social
and Cultural Rights and the Human Rights Committee on the elimination of
discrimination against persons with disabilities,
- Concerned, however, at the fact that despite these efforts, persons
with disabilities continue to be subject to segregation and serious
discrimination,
- Recalling that discrimination against anyone on the basis of any
structural or functional absence or impairment or any temporary or
permanent limitation, restriction, obstruction or dysfunction in respect
of human beings' relationship to their environment constitutes a
violation of the principles of equal rights and respect for human
dignity and impedes the participation of persons with disabilities under
conditions of equality in social, economic, political and cultural life,
- Recognizing that in order to ensure equality of opportunity for
persons with disabilities, societies must act to guarantee their access
to the physical, economic, social and cultural environment,
- Emphasizing that in order to achieve equality of opportunity for
persons with disabilities, the exercise of all political, civil,
economic, social and cultural rights established in the International
Covenants and in other human rights instruments must be guaranteed,
- Bearing in mind that in order to guarantee the exercise by persons
with disabilities of all the rights enshrined in the International
Covenants and in other human rights instruments, all obstacles to their
full participation under conditions of equality in all spheres of
social, economic, cultural and political life must be removed and their
full participation in normal education, sports and employment must be
achieved,
- Concerned at the fact that extreme poverty, marginalization, social
exclusion, war and underdevelopment contribute to the existence of high
disability rates, since the great majority of persons with disabilities
live in developing countries,
- Bearing in mind that, in many cases, disability can be prevented by
creating conditions of equity and thus by increasing the level of
development and quality of life of the world's people,
- Recognizing that the strengthening of international peace and
security and the prevention of conflict help reduce the high rates of
disability in the world;
Have agreed as follows:
Article 1
Object
The object of this Convention is to:
Promote, protect and ensure the exercise and full enjoyment of all
the rights of persons with disabilities;
Eliminate all forms of discrimination against persons with
disabilities in the political, civil, economic, social and cultural
spheres;
Ensure full participation of persons with disabilities in economic
and social life, under conditions of equality of treatment and of
opportunity; and
Promote international cooperation in achieving the objectives of this
Convention.
Article 2
Definitions
For the purposes of this Convention:
"Persons with disabilities" means persons with any form of
physical, intellectual or sensory absence or impairment, whether
structural, functional or both, which constitutes a permanent or
temporary limitation, restriction, obstruction or dysfunction in respect
of human beings' relationship to their environment that may be caused or
aggravated by the economic and social environment.
"Discrimination against persons with disabilities" means any
distinction, exclusion or restriction on social participation, based on
a disability which has the effect of impairing or nullifying the
recognition, enjoyment or exercise by a person with a disability of his
or her human rights and fundamental freedoms in the political, economic,
social, cultural, employment, educational, sports or any other sphere of
public life.
"Impairment" means any physical, intellectual or sensory
anomaly, whether structural, functional or both, which constitutes a
permanent or temporary limitation, restriction, obstruction or
dysfunction in respect of human beings' relationship to their
environment.
"Prevention" means the adoption of measures aimed at limiting
or preventing the occurrence of disabling illnesses or accidents and at
preventing impairments, where these have occurred, from having adverse
physical, psychological and social consequences.
"Rehabilitation" means a process aimed at enabling persons
with disabilities to achieve and maintain their social integration and
an optimal physical, sensory and intellectual functional level
consistent with their anatomical and physiological capacities.
"Social integration" means the effective involvement and
participation of persons with disabilities in social development
processes through various types of organizations of themselves, their
families and social groups. Employment; inclusion in education, sports
and cultural life; participation in social processes and activities to
improve the quality of life; health care; and environmental protection
are social integration activities.
Article 3
Purposes
In order to achieve the objectives of this Convention, the States
parties undertake to:
- Take all necessary measures, including legislation, to eliminate all
forms of discrimination against persons with disabilities and to promote
and protect their rights and dignity by, inter alia:
- Incorporating the legal equality of persons with disabilities in
their national legislation;
- Amending or repealing laws, regulations, customs and practices
which constitute forms of discrimination against persons with
disabilities, and enacting legislation to prohibit and punish them;
- Developing appropriate legislation, adapted to modern society, to
protect the rights and dignity of persons with disabilities;
- Enacting regulations to guarantee compensation for harm to persons
with disabilities who have been subject to discrimination.
- Adopt specific measures necessary for the full participation of
persons with disabilities in all activities of social and economic life.
- Incorporate into national censuses information, disaggregated by
age, sex and specific type of disability, on the living conditions of
persons with disabilities, including detailed information on their
access to public services, rehabilitation programmes, education and
employment.
- Guarantee the participation of organizations of persons with
disabilities and their families in the development and evaluation of
measures and policies for ensuring the implementation of this
Convention.
Article 4
Equality of opportunity
Adoption by States parties of positive or compensatory legislation or
public policies which establish differential treatment aimed at promoting
de facto equality of opportunity for persons with disabilities shall not
be considered discrimination. These special measures shall be discontinued
when the objectives of equality of opportunity and treatment and the other
objectives for which they were developed have been achieved.
Article 5
Special situations of vulnerability
States parties undertake to adopt the specific measures necessary in
all areas covered by this Convention in order to promote and protect the
rights and dignity of persons with disabilities, especially those who are
in special situations of vulnerability by reason of their sex, age, race,
ethnic origin or other status.
Article 6
Access to the physical environment, housing and transport
The States parties to this Convention undertake to promote, regulate
and update their domestic legislation in order to ensure that:
- Urban outfitting and public facilities and services have the
adaptations necessary to facilitate access and use by and movement of
persons with disabilities;
- Vehicles and public transport services allow access by and movement
of persons with disabilities;
- Signs and basic forms of communication for freedom of movement and
access to all services are installed;
- Construction and adaptation of housing comply with regulations
governing accessibility for persons with disabilities;
- Specific percentages of affordable housing for persons with
disabilities and their families and facilities for payment are mandated
under government programmes in this area;
- Participation of organizations of persons with disabilities in the
regulation of such measures is ensured.
Article 7
Promotion of changes in attitude
States parties shall promote the modification of stereotypes, social
and cultural patterns, customary practices and any other type of practices
which lead to segregation or discrimination or which prevent persons with
disabilities from exercising their rights. To this end, States parties
shall:
- Adopt measures to raise society's awareness of the rights and needs
of persons with disabilities, including the creation of
awareness-raising programmes at all levels of mainstream education;
- Encourage the media to project a positive, non-stereotypical image
of persons with disabilities and their families;
- Develop media campaigns to inform the persons concerned and the
general public of existing programmes aimed at improving opportunities
for persons with disabilities;
- Guarantee the participation of organizations of persons with
disabilities in the implementation of these measures.
Article 8
Access to information
States parties undertake to ensure that persons with disabilities and
their families have access to full information on their rights and
available services and programmes. To this end, they shall adopt, among
others, the following measures:
- Develop strategies to make information services and documentation
accessible for different groups of persons with disabilities, using
appropriate technologies for each type of disability;
- Encourage the mass media, especially television, to make their
services accessible to persons with disabilities;
- Ensure that government programmes offered to the general public
consistently use simultaneous interpreters for persons with auditory
impairments and language difficulties;
- Promote access to the use and operation of new technologies for
persons with disabilities.
Article 9
Promotion of prevention
States parties shall take measures to prevent and reduce the incidence
of disability. They undertake to:
- Adopt the programmes and actions necessary to eliminate the factors
which give rise to or aggravate disabilities, such as poverty,
unemployment, physical violence within and outside the home, early
pregnancy, lack of medical monitoring and nutritional support during
pregnancy, deficiencies in health-care and rehabilitation services, lack
of services for older persons, accidents, drug and alcohol abuse,
unsuitable medical practices and the existence of anti-personnel
landmines;
- Provide information and services in order to detect and reduce early
symptoms of disability in a timely manner.
Article 10
Health-care and rehabilitation services
States parties recognize that persons with disabilities have the right
to receive the quality medical and comprehensive rehabilitation services
that they require. To this end, they shall adopt appropriate measures to:
- Improve, adapt and modernize the provision of rehabilitation
services so that they are sufficient to provide all persons with
disabilities with health-care and rehabilitation services for each type
of disability;
- Ensure that all medical and nursing staff, as well as other
health-care professionals, are properly qualified, up to date in their
knowledge, and have access to appropriate technologies and treatment
methods in order to provide quality assistance to persons with
disabilities;
- Ensure that persons with disabilities and their families participate
in decision-making concerning the feasibility and type of medical or
therapeutic treatment appropriate in each case;
- Guarantee that persons with disabilities, especially women, nursing
mothers and children, receive quality medical attention within State
health-care systems;
- Adopt all measures necessary to guarantee that the medical services
provided to persons with disabilities include the following:
- Early diagnosis and intervention;
- Dignified, appropriate and modern medical assistance and treatment
that includes the use of new technologies;
- Psychological counselling and social and other assistance for
persons with disabilities and their families;
- Training in self-care activities, mobility and orientation,
communication, and skills for everyday living;
- An adequate coordination system for inter-institutional referral
and counter-referral, as appropriate.
Article 11
Guarantee of personal dignity
States parties must ensure that persons with disabilities are not
excluded from public health services or subjected without their freely
obtained consent to any kind of medical or scientific experiment and that
any kind of exploitation or abusive or degrading treatment in hospitals
and psychiatric institutions is avoided.
Article 12
Permanent mental and intellectual disability
States undertake to adopt the measures necessary to improve mental
health services and the quality of care and guarantee that persons
suffering from permanent and severe mental illness and intellectual
impairment are treated with due regard for their rights and dignity. To
this end, they must ensure that:
- The diagnosis of a mental illness or an intellectual impairment is
made in accordance with internationally accepted scientific standards;
- No person with an illness is subjected to physical restraint or
involuntary seclusion without the intervention and authorization of the
competent medical and legal authorities and the knowledge of his or her
family;
- Public and private psychiatric institutions are subject to special
regulations and strict supervision by the health authorities to ensure
that the living conditions and treatment administered therein and the
food provided to patients in those institutions are consistent with
respect for their dignity and human rights;
- Persons employed in such institutions have proper professional
qualifications, receive continuing training and are subject to periodic
psychological, ethical and moral evaluation;
- Patients and their representatives or families have access to all
information concerning them in the medical records maintained by the
psychiatric institution and that mechanisms are in force for challenges
or complaints in cases involving abuse or negligence.
Article 13
Education
States parties shall adopt all measures necessary to eliminate
segregation and discrimination against persons with disabilities and to
ensure their inclusion, retention and participation, under conditions of
equal opportunity, in mainstream educational activities at all levels. To
this end they shall:
- Include the education of persons with disabilities in national
educational planning, curriculum development and school organization in
order to guarantee their access to the mainstream educational system;
- Guarantee that persons with disabilities receive a public education,
free of charge, in all education methods and levels;
- Promote the creation, production and distribution of teaching
materials and technical assistance to meet the educational needs of
persons with disabilities;
- Promote regulations to ensure that the design of school premises
includes the infrastructure required to meet the specific needs of
persons with disabilities;
- Create, design and adapt, within mainstream curricula, special
teaching and evaluation systems suited to the specific needs of persons
with disabilities;
- Establish continuing training and refresher programmes for teachers
and teaching assistants involved in the education of persons with
disabilities;
- Involve organizations of persons with disabilities in the studies
needed for the adaptation of educational planning and curricula.
Article 14
Employment
States parties recognize the right of persons with disabilities to have
a job appropriate to their condition, and undertake to adopt all measures
necessary for their integration into the labour market, under conditions
of equality. To this end they shall take, among others, the following
steps:
- Design and implement policies that allow persons with disabilities
access to and continuation in the labour market through the use of
positive measures to promote their access to employment;
- Promote incentives so that individual and collective labour
agreements protect persons with disabilities in the area of employment,
job promotion and working conditions;
- Implement guidance, instruction, training, retraining, upgrading and
employment programmes for persons with disabilities and persons who
assist them;
- Grant fiscal and financial incentives and enact special regulations
for companies which hire persons with disabilities and facilitate their
freedom to attend medical appointments, undergo therapy and engage in
any other activity required for their comprehensive rehabilitation;
- Prohibit any regulations and discriminatory practices which deny
persons with disabilities access to employment or limit their
opportunities for job retention and promotion;
- Promote regulations to encourage the design and adaptation of
workplaces, working hours and work instruments to make them accessible
for persons with disabilities;
- Prohibit any regulations and practices which discriminate against
persons with disabilities in the area of wages, working conditions and
benefits;
- Establish criminal, financial and administrative penalties for
violation and disregard of rules and regulations or failure to implement
recommendations which protect and promote the dignity and rights of
persons with disabilities;
- Design and implement awareness-raising campaigns to overcome
negative attitudes and prejudices that affect persons with disabilities
in the workplace.
Article 15
Social security
States parties undertake to eliminate all laws and practices which
limit the right of persons with disabilities to social security benefits.
They shall ensure recognition of this right by adopting measures to:
- Guarantee that social security systems and other social welfare
programmes for the general public do not exclude persons with
disabilities;
- Design and implement social security programmes that cater for the
specific needs of persons with disabilities;
- Ensure that the lack of formal or permanent employment on the part
of persons with disabilities does not curtail their access to social
security services;
- Provide the specific types of technical aids to mobility, transfer,
auditory or visual perception and other special devices that persons
with disabilities require for the improvement of their quality of life
and their social inclusion and integration.
Article 16
Protection of families
States parties recognize that persons with disabilities are fully
entitled to form their own families, except in serious cases of mental
deficiency as established by national laws. To this end, they shall take
measures to guarantee that:
- Laws do not discriminate against persons with disabilities in
respect of marriage, procreation and inheritance;
- Persons with disabilities have the sex education and family planning
information they need;
- Special protection and support are promoted for women with
disabilities during pregnancy, the post-partum period and breastfeeding;
- Campaigns are undertaken to change negative attitudes and social
prejudices towards sexuality, marriage and parenthood of persons with
disabilities.
Article 17
Sexual abuse and institutional violence
States parties recognize that persons with disabilities are vulnerable
to various forms of sexual abuse in educational, employment and
health-care centres and to physical and psychological violence within the
family. They therefore undertake to:
- Characterize violence within and outside the home and sexual abuse
committed against persons with disabilities as offences under national
law and to adopt the measures needed to penalize them;
- Promote measures to ensure that guidance and protection services in
respect of these types of abuse are offered as part of rehabilitation
services;
- Provide persons with disabilities and their families with
information concerning the measures adopted to prevent violence and
various forms of sexual abuse within and outside the home.
Article 18
Social integration and participation
States parties recognize the right of persons with disabilities to
participate fully in social, cultural, sports and recreational activities.
To this end they shall adopt the following measures:
- Include in national laws, regulations and quality standards the
obligation to provide adapted facilities to afford persons with
disabilities access to and use of facilities and services in
educational, social, cultural, artistic, sports and recreational centres;
- Encourage national sports organizations to promote and generate
programmes which facilitate the integration of persons with disabilities
into their routine activities and national and international
competitions;
- Promote the establishment of scholarship programmes and special
incentives to facilitate access by persons with disabilities to artistic
and sports activities;
- Hold systematic consultations with organizations of persons with
disabilities concerning the creation and development of social,
cultural, artistic, sports and recreational programmes;
- Encourage persons with disabilities to exercise the right to use
public spaces of a social, cultural, sports and recreational character.
Article 19
Political rights
The States parties to this Convention undertake to:
- Guarantee the exercise of the right to universal and secret suffrage
of all persons with disabilities and, for that purpose, include in
election mechanisms the use of instruments and specialized technologies
for each type of disability or stipulate that aides shall be made
available to provide assistance in voting.
- Repeal laws and regulations that impede or limit the access of
persons with disabilities to civil service posts and as candidates for
elective office.
- Guarantee and protect the right of persons with disabilities to
freedom of association and to form their own organizations in order to
participate in political and social processes.
Article 20
Legal aid
States parties undertake to ensure that all prosecuted or convicted
disabled persons enjoy all their rights, especially the right to have the
free assistance of interpreters, translators or paralegal specialists to
conduct their defence and the right to receive specialized health and
rehabilitation services.
Article 21
National monitoring and evaluation bodies
States parties undertake to establish or strengthen institutions for
the intragovernmental coordination, design and implementation of policies
to address the needs of disabled persons at the central, regional,
departmental or provincial and local government levels, in accordance with
their internal legal systems, which shall be responsible for ensuring the
rights and dignity of persons with disabilities. Organizations of persons
with disabilities and their families shall be represented in such bodies
at all levels.
The principal functions of such institutions shall include the
permanent monitoring of the implementation of the Convention, in
particular of the objectives established in article 3, and the formulation
of appropriate recommendations for its fulfilment to the relevant
government bodies.
The institutions to which this article refers may assume at the
national level, preferably, the structure of presidential office, council,
institute or department. If they are not attached to the Office of the
President of the Republic, they shall be assigned to ministries
responsible for social development policies and programmes.
Such institutions shall function as mechanisms for coordination with
disabled persons' organizations at the national, provincial, departmental,
regional or local level.
The institutions established shall conduct a triennial evaluation of
national implementation of the Convention and of the measures to be
applied in order to fulfil its objectives.
Article 22
Intergovernmental cooperation
States parties agree to consult and cooperate with each other regarding
the implementation of the provisions of this Convention. To that end they
undertake to promote:
Consultation and international cooperation mechanisms for the
prevention of disabilities. Regional and international programmes to
comprehensively target disability as a common problem, ensure equal
opportunities and treatment for persons with disabilities and achieve all
the objectives set forth in this Convention.
Effective exchange of the latest advances in scientific research and
the development of technology pertaining to the prevention of disabilities
and the treatment, rehabilitation and social integration of persons with
disabilities.
Research, training and refresher training through inter-country and
international events such as seminars, congresses, symposia, courses,
workshops and meetings of various kinds.
Article 23
Monitoring Committee
- In order to monitor the implementation of this Convention, a
Committee of Experts on the Rights of Persons with Disabilities
(hereinafter called "the Committee") shall be established, the functions
of which shall be as set forth below. The Committee shall consist of 12
experts of high moral standing and recognized competence in the area of
protection and promotion of the rights and dignity of persons with
disabilities, serving in their personal capacity.
- Members of the Committee shall be elected by secret ballot from a
list of persons nominated by States parties. Each State party may
propose one person from among its own nationals.
- The initial election shall be held, at the latest, six months
following the date on which the Convention enters into force. At least
six months prior to the date of each election, the Secretary-General of
the United Nations shall address a letter to the States parties inviting
them to submit their nominations within a period of three months. The
Secretary-General shall prepare a list, in alphabetical order, of all
the persons nominated, indicating the States parties that proposed them,
and shall send it to the States parties.
- Committee members shall be elected at a meeting of the States
parties convened by the Secretary-General and held at United Nations
Headquarters. At that meeting, for which a quorum shall be constituted
by the attendance of two thirds of the States parties, those candidates
who obtain the highest number of votes and an absolute majority of votes
of the representatives of States parties present and voting shall be
considered elected to the Committee.
- Committee members shall be elected for a period of four years. They
may be re-elected if their candidature is put forward again.
- In order to fill casual vacancies, the State party whose expert has
terminated his or her functions as a Committee member shall appoint
another member from among its nationals, subject to the approval of the
Committee.
Article 24
Functions of the Committee
- The Committee's functions shall be to evaluate the national reports
submitted annually by States parties on the progress and difficulties in
implementing this Convention and make specific recommendations to States
parties, specialized agencies and other competent organs further to
advance the implementation of this Convention.
- The Committee shall identify areas of cooperation among States
parties, and between these and the specialized agencies and other
competent organs, that will facilitate implementation of this
Convention. To that end the Committee, after evaluating the national
reports, shall transmit its recommendations to the States parties and to
the representatives of the specialized agencies and other competent
organs.
- The Committee may transmit to the specialized agencies and other
competent organs, reports of States parties that contain requests for
financial and technical assistance, together with the Committee's
observations and suggestions.
- In order to identify progress and difficulties in implementing this
Convention and make specific recommendations to States parties,
specialized agencies and other competent organs, the Committee shall
invite the specialized agencies, other competent organs and
non-governmental organizations to participate in studying the
implementation of this Convention and to make recommendations thereon.
- The Committee may seek technical assistance from United Nations
organs at any stage of the report evaluation process or during the
implementation of its final recommendations.
- The Committee shall submit an annual report to the States parties
and to the General Assembly of the United Nations on its activities
pursuant to this Convention.
Article 25
Functioning of the Committee
- The Committee shall elect its Bureau for a period of two years.
Members of the Bureau may be re-elected for a further two-year period.
- The Committee shall establish its own rules of procedure, which
shall stipulate the following, inter alia:
Eight members shall constitute a quorum;
Decisions of the Committee shall be taken by a majority of
members present and voting.
- The Committee shall normally meet annually for a period not
exceeding two weeks to evaluate reports submitted in compliance with
article 26 of this Convention.
- The Secretary-General of the United Nations shall provide the
personnel and services necessary for the effective performance of the
functions of the Committee under this Convention.
- Considering the importance of the functions of the Committee and
subject to prior approval of the General Assembly of the United Nations,
the members of the Committee shall receive emoluments from United
Nations funds in a manner and under conditions to be determined by the
Assembly.
Article 26
Reports of States parties
- States parties undertake to submit to the Secretary-General of the
United Nations, for consideration by the Committee, a report on the
legislative, judicial, administrative or any other measures they have
adopted to give effect to the provisions of this Convention.
- Reports submitted by States parties must specify progress achieved
and difficulties affecting fulfilment of their obligations under the
present Convention. They must likewise contain sufficient information on
difficulties encountered in its implementation.
- States parties shall submit their reports for consideration by the
Committee:
within one year following the entry into force of this
Convention for the State party in question;
thereafter, every year or whenever requested by the
Committee.
- In their periodic reports, States parties undertake to include a
chapter on the situation of children, women and older persons with
disabilities and on the steps taken to deal with their particular
situation, including special measures to provide them with equal access
to education and employment, health services and social security and to
ensure their participation in all areas of economic, social and cultural
life.
Article 27
Amendments
1. Any State party to this Convention may propose an amendment and
deposit it with the Secretary-General of the United Nations. The procedure
to be followed in such cases shall be the following:
- The Secretary-General shall inform States parties of the proposed
amendment, asking them to notify him should they wish to convene a
Conference of States parties to examine the proposal and put it to a
vote.
- If within four months following the date of such notification, at
least one third of the States parties declare themselves in favour of
convening such a conference, the Secretary-General shall convene an
amendment conference under the auspices of the United Nations.
- Any amendment adopted by a majority of the States parties present
and voting at the conference shall be submitted by the Secretary-General
to the General Assembly of the United Nations for approval.
- Any amendment adopted shall enter into force once it has been
approved by the General Assembly of the United Nations and accepted by a
two-thirds majority of the States parties.
- When amendments enter into force, they shall be binding on the
States parties that accepted them, while the other States parties shall
remain bound by the provisions of this Convention and any previous
amendments they have accepted.
2. States not parties to this Convention, as well as the specialized
agencies, non-governmental organizations and other competent organs, shall
be entitled to be invited to attend the amendment conference as observers,
in accordance with the agreed rules of procedure.
Article 28
Publicity
Each State party undertakes to disseminate this Convention widely and
to publicize it.
Article 29
Depositary
- The Secretary-General of the United Nations is hereby designated
depositary of this Convention.
- This Convention shall be open for signature by all United Nations
Member States.
- This Convention shall be open for ratification or accession by all
United Nations Member States.
- Instruments of signature, accession or ratification shall be
deposited with the Secretary-General of the United Nations.
Article 30
Entry into force
This Convention shall enter into force on the thirtieth day after the
date on which the tenth instrument of ratification or accession has been
deposited with the Secretary-General of the United Nations.
Article 31
Distribution
1. This Convention, whose tests in Arabic, Chinese, English, French,
Russian and Spanish are equally authentic, shall be deposited in the
archives of the United Nations.
2. The Secretary-General of the United Nations shall send certified
copies of this Convention to all States parties.
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